A/HRC/34/26
develops over time and focusing the assessment on the net cost of the accommodation.
External financial support – such as loans, subsidies and grants from either public or private
sources – might be available. Information on these options should be disseminated by
States to facilitate compliance by non-State actors. If the entity in charge of providing the
accommodation proves that it imposes a significant difficulty or expense, it may deny it
without incurring discrimination. The practices of the European Union, and of many States,
including Algeria, Australia, Belgium, Canada, Denmark and Finland, and in the
jurisprudence of the Committee on the Rights of Persons with Disabilities refer both to
financial impact and financial support as important factors.
60.
Economic feasibility looks at overall assets rather than cash flow alone. If an
accommodation were to jeopardize the existence of the required party or, as a minimum,
substantially undermine the performance of its core functions, it may be denied without
incurring discrimination. This criterion can be found in existing regulations (for instance in
Austria).
61.
Overall assets rather than just the resources of a unit or a department within an
organizational structure must be considered; this is particularly important in the case of
State institutions, where the responsible party is the State as a whole. In this sense, stricter
standards exist for States when justifying a denial of reasonable accommodation. Similarly,
large companies may not avoid the duty to provide for reasonable accommodation by
claiming lack of resources in their units without considering its overall resources. Practice
in the private sector has shown that centralized funds at headquarters relieve the burden on
smaller units, encouraging managers to provide accommodations without affecting their
own budgets.
IV. National implementation
62.
Substantive equality for persons with disabilities requires States to take proactive
steps in all areas of law and public policy by adopting a twin-track approach, including
persons with disabilities in all policy plans and programmes and developing disabilityspecific policies. The principles of the Convention should inform all legislation and policies
with regard to persons with disabilities, and guide their interpretation. General measures on
accessibility, and the enjoyment of enabling rights (such as the rights to equal recognition
before the law, education and employment), contribute to equal and inclusive communities.
In its concluding observations, the Committee on the Rights of Persons with Disabilities
has provided guidance for implementing article 5 of the Convention and in connection with
other rights.
63.
States should closely consult with and actively involve persons with disabilities,
including children, through their representative organizations, in the development,
implementation and evaluation of legislation, regulations and policies. National human
rights institutions can play a pivotal role in ensuring that draft legislation and policies are
compliant with international standards on the rights of persons with disabilities, and in
supporting their participation. Persons with disabilities should be empowered to support
and monitor the implementation of the Convention by being provided with accessible
information on equality and non-discrimination. They should in addition be informed of the
work of equality bodies, ombudsman offices and the judiciary, especially on how to bring
complaints and to gain access to justice, including through training and capacity-building
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